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Can anyone (Including an Attorney) put a lien on your property without your knowledge?

GeorgiaBonding Off Lien

Attorney's Lien in GA: On February 12, 2020, I found out there was an Attorney's Lien on my property. He did a consultation with me regarding an organization I belong to on December 13, 2018. There was no charge for the consultation. I asked him before he did work I must get my his fee and board approval before we can be charged for any service. January 13, 2019, he sent a bill for $2170.00 for work he allegedly performed. I repeatedly wrote him back and told him we asked you not to do any work until we can Board Approval. This lien was put on the property in June of 2019. I never was given any notice of his intent to put it on the property, to my knowledge he didn't get a judgment against me. Is this legal?

2 replies

Feb 21, 2020

Generally in Georgia, according to O.C.G.A. 15-19-14, attorneys are granted a lien on "all papers and money of their clients in [the attorney's] possession for services rendered to [the client]. [The attorney] may retain the papers until the claims are satisfied and may apply the money to the satisfaction of the claims." An attorney's potential lien on property is set forth by a later subsection, but limits the lien on real property to instances in which there was an action "for the recovery of real or personal property" and a judgment or decree for the recovery of same. In such cases, an attorney has a lien on the property recovered, and may file an assertion claiming such lien in order to bind all other persons. There does not seem to be a lien on real property applicable to an attorney merely to secure fees for work purportedly provided to a client in the absence of the recovery of property. The lien granted to attorneys for fees appears to be limited to the money and papers of the client in the possession of the attorney. This could change if the attorney recovered property through some action for the client, or if a judgment was obtained against the client pursuant to which the attorney filed a judgment lien.

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May 12, 2021

What a crook

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